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Home My WebLink About14 - Planning Commission Agenda - 10-18-07CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 October 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949-644-3228;dlepo@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for October 18, 2007 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of October 4, 2007, were approved as corrected. This item was approved. (5 Ayes, 2 Abstain) Item 2: Paul and Norma Fruc hbom residence (PA2007 -111) 1132 Ebbtide An appeal of the Zoning Administrator's decision to approve Modification Permit No. 2007 -050, which authorized the applicant to exceed the 3 -foot height limit for fences, hedges, and accessory structures within the required 86 -foot front yard setback by allowing the retention of the following existing elements: 1) hedges; 2) a portion of an entry gate; 3) a pilaster; and 4) a sculpture. Also permitted was the addition of: 5) a new 11 -foot -high sculpture within the front yard setback; and 6) retention of the existing 9.5 -foot -high driveway gate located within the 6 -foot side yard setback. Summary: The appeal was initiated by Planning Commissioner Michael Toerge on the grounds that the proposed modification failed to meet all three of the required findings necessary to approve the request. The Commission heard extensive testimony from staff, the applicant, and neighboring property owners regarding the history of the improvements, impacts to the property from traffic noise and headlights, past traffic accidents, and privacy concerns. The Planning Commission approved the Modification Permit as originally approved by the Zoning Administrator, but did not permit the encroachments for the existing and proposed sculptures. This item was approved. (4 Ayes, 3 Noes) Item 3: Joyce LCM RedWillow residence (PA2007 -152) 418 Redlands An appeal of the Zoning Administrator's decision to approve Modification Permit No. 2007 -060 on property located in the R -1 District, which would permit the minor interior remodel of, and a 1,203 square -foot addition to a nonconforming Page 2 single - family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front yard setback. Summary: Discussion focused on the status of the original dwelling unit as a legal nonconforming structure. After hearing testimony from staff, the appellant, the applicant, and neighboring property owners, the Planning Commission continued this item to December 6, 2007 to allow the applicant time to provide evidence that the building was lawfully constructed. This item was continued to December 6, 2007. (7 Ayes) Item 4: Newport Executive Court (PA2006 -280) 20372 Birch Street A request for Use Permit, Tentative Parcel Map and Traffic Study approvals to allow construction of four (4), 2 -story medical office buildings over a parking garage. The property is located in the Business Park (BP of SP -7 District of the Santa Ana Heights Specific Plan. Summary: Discussion focused on onsite and offsite drainage, the accessibility of handicapped parking, the removal and replacement of existing ficus trees on an adjacent residential property, and the overall project design. The Planning Commission approved the project with additional provision to insure adequate drainage. This item was approved (7 Ayes) Item 5: Local Coastal Program Coastal Land Use Plan Amendment No. 2007 -003 An amendment to the Coastal Land Use Plan to provide clear policy related to development on coastal bluffs on Pacific Drive, Carnation Avenue and Ocean Boulevard. Summary: Following testimony from staff and the public the Planning Commission discussed various changes, both minor and major, on the proposed amendment; however, the Planning Commission voted to recommend approval with only minor clarifying language. This item was recommended for approval (4 Ayes, 3 Noes) Item 6: Knight Appeal (PA2007 -137) 312 Hazel Drive An appeal by Diane Knight of the Planning Director's interpretation regarding the application of a development stringline (setback) determined pursuant to General Plan Natural Resources Element Policy NR 23.6 to property located at 312 Hazel Drive. Planning: sharedlPlanning CommissionVeagendarptdoc Page 3 Summary: The Planning Director reported that staff was close to reaching an accommodation with the appellant, so this. item was continued to a date uncertain. This item was continued. Prepared and submitted by: Planning: sharedlPlanning Commissionlpcagendarptdoc Agenda Item No. 14 October 23, 2007 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard October 18, 2007 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to 3 minutes. Before speaking, please state your name for the record and print your.name on the tablet provided at the podium. REQUEST FOR CONTINUANCES: ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three minutes are up; yellow light signifies that the speaker has one minute left for summation.) Please print only your name on the pad that is provided at the podium. HEARING ITEMS ITEM NO. 1 Minutes dated October 4, 2007 ACTION: Approve as written and order filed. ITEM NO. 2. Paul and Norma Fruchbom residence (PA2007 -111) 1132 Ebbtide SUMMARY: An appeal of the Zoning Administrator's decision to approve Modification Permit No. 2007 -050, which authorized the applicant to exceed the 3 -foot height limit for fences, hedges, and accessory structures within the required 86 -foot front yard setback by allowing the retention of the following existing elements: 1) hedges; 2) a portion of an entry gate; 3) a pilaster, and 4) a sculpture. Also permitted was the addition of. 5) a new 11- foot -high sculpture within the front yard setback; and 6) retention of the existing 9.5 -foot -high driveway gate located within the 6 -foot side yard setback. ACTION: 1) Conduct public hearing; and 2) Adopt resolution approving Modification Permit No. 2007 -050. CEQA COMPLIANCE: The Modification Permit has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). ITEM NO. 3. Joyce LCM RedWillow residence (PA2007 -152) 418 Redlands SUMMARY: An appeal of the Zoning Administrator's decision to approve Modification Permit No. 2007 -060 on property located in the R -1 District, which would permit the minor interior remodel of, and a 1,203 square -foot addition to a nonconforming single - family dwelling unit that encroaches 13 feet, 8 inches into the 20 -foot required front yard setback. ACTION: 1) Conduct public hearing; and 2) Adopt resolution denying Modification Permit No. 2007 -060. CEQA COMPLIANCE: The Modification Permit has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). ITEM NO. 4. Newport Executive Court (PA2006 -280) 20372 Birch Street SUMMARY: A request for Use Permit, Tentative Parcel Map and Traffic Study approvals to allow construction of four (4), 2 -story medical office buildings over a parking garage. The property is located in the Business Park (BP of SP -7 District of the Santa Ana Heights Specific Plan. ACTION: 1) Conduct public hearing; and 2) Adopt resolution approving Use Permit No. 2006 -039, Tentative Parcel Map No. 2007 -002, Traffic Study No. 206 -003 and adopting Negative Declaration No. 2007 -005 (SCH NO. 2007 - 071158). CEQA COMPLIANCE: A Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. ITEM NO. 5. Local Coastal Program Coastal Land Use Plan Amendment No. 2007 -003 SUMMARY: An amendment to the Coastal Land Use Plan to provide clear policy related to development on coastal bluffs on Pacific Drive, Carnation Avenue and Ocean Boulevard. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution recommending approval of Coastal Land Use Plan Amendment No. 2007 -003 to the City Council. CEQA COMPLIANCE: The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure- making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). a ITEM NO. 6. Knight Appeal (PA2007 -137) 312 Hazel Drive SUMMARY: An appeal of the Planning Director's interpretation regarding the application of a development stringline (setback) determined pursuant to General Plan Natural Resources Element Policy NR 23.6 to property located at 312 Hazel Drive. ACTION: The appellant has requested that this item be removed from calendar and continued to a date uncertain. CEQA COMPLIANCE: The proposed action is not defined as a project under the California Environmental Quality Act (CEQA). ADDITIONAL BUSINESS: a) City Council Follow -up b) Report from Planning Commission's representative to the Economic Development Committee c) Report from the Planning Commission's representative to the General Plan/Local Coastal Implementation Committee d) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting e) Matters which a Planning. Commissioner may wish to place on a future agenda for action and staff report t) . Proiect status g) Requests for excused absences ADJOURNMENT: 5